Charles Evans Hughes

“ The payment of the freight had no greater efficacy than if it had been made in advance of the transportation. The giving of a receipt for the goods by the consignee did not alter the fact that they were still held by the railway company, awaiting actual delivery. The transaction at most could not be deemed to accomplish more than if the parties had agreed that, until such delivery, the goods should be held under a special contract, in lieu of the prescribed conditions, and this they could not effect without violating the cat which governed the shipment. ”

“ The plaintiff alleged three causes of action against the latter company: (1) as common-carrier, (2) as warehouseman, and (3) for penalty because of failure to adjust and pay the claim, after notice, as provided by law. The answer of the railway company, with a general denial, set up that the shipment was interstate and governed by the act to regulate commerce. At the close of the plaintiff's case, the railway company moved for a nonsuit and decision was reserved. ”

“ It was explicitly provided that in case the property was not removed within the specified time, it should be kept, subject to liability 'as warehouseman only.' The railway company was therefore liable only in case of negligence. The plaintiff, asserting neglect, had the burden of establishing it. This burnden did not shift. As it is the duty of the warehouseman to deliver upon proper demand, his failure to do so, without excuse, has been regarded as making a prima facie case of negligence. ”